HB2847 - 562R

Be it enacted by the Legislature of the State of Arizona:

Section 1. Title 15, chapter 14, Arizona Revised Statutes, is amended by adding article 9.2, to read:

ARTICLE 9.2. SEXUAL MISCONDUCT

START_STATUTE15-1893. Definitions

In this article, unless the context otherwise requires:

1. "Employee" means an individual who is employed full time or part time at an institution.

2. "Institution" means any university under the jurisdiction of the Arizona board of regents or a community college as defined in section 15-1401.

3. "Reporting party" means a student or employee who reports to the institution that the student or employee experienced an incident of sexual misconduct, whether or not an official complaint is filed.

4. "Respondent" means an individual who is reported to be the perpetrator of conduct that could constitute sexual misconduct.

5. "Sexual misconduct":

(a) Means an incident of any sexual violence, sexual harassment, stalking, domestic violence or dating violence as defined by an institution's policy consistent with the requirements of title IX, the Jeanne Clery disclosure of campus security policy and campus crime statistics act (P.L. 101–542; 104 Stat. 2385), as amended by the violence against women reauthorization act of 2013 (P.L. 113–4; 127 Stat. 54), and title VII of the civil rights act of 1991 (P.L. 102–166; 105 stat. 1071).

(b) Does not include expressive activity that is protected by the United states or Arizona constitution.

6. "Student" means an individual who is either:

(a) Participating in a credit-bearing program at an institution as a part-time, full-time or extension student.

(b) Taking a leave of absence or has withdrawn from an institution because the individual is a victim of sexual misconduct.

7. "Title ix" means title ix of the education amendments of 1972 (P.L. 92-318; 86 Stat. 235). END_STATUTE

START_STATUTE15-1893.01. Prevention of sexual misconduct on campus task force; membership; duties; base survey

A. The prevention of sexual misconduct on campus task force is established consisting of the following members:

1. A licensed clinical social worker who has experience assisting victims of sexual misconduct and who is appointed by the president of the senate.

2. A representative from an organization that advocates for student victims of sexual misconduct who is appointed by the speaker of the house of representatives.

3. A member of the senate who is appointed by the president of the senate.

4. A member of the house of representatives who is appointed by the speaker of the house of representatives.

5. A representative from the Arizona board of regents who is appointed by the president of the senate.

6. An executive representative from a university under the jurisdiction of the Arizona board of regents who is appointed by the governor.

7. An executive representative from a community college district who is appointed by the governor.

8. A resident of this state who is a medical professional from an institution, who provides services to victims of sexual misconduct and who is appointed by the governor.

9. A title IX coordinator from an institution who is appointed by the governor.

10. A resident of this state who is employed by a public or private nonprofit organization that serves victims of sexual violence and who is appointed by the governor.

11. A resident of this state who is a researcher with experience developing and designing sexual misconduct climate surveys and who is appointed by the governor.

12. A resident of this state who is a researcher with experience in statistics, data analytics or econometrics and who is appointed by the governor.

13. A resident of this state who is a student attending a university under the jurisdiction of the Arizona board of regents and who is appointed by the governor.

14. A resident of this state who is a student of a community college as defined in section 15-1401 and who is appointed by the governor.

15. A resident of this state who is a survivor of sexual assault and who is appointed by the governor.

16. A representative of a nonprofit legal services organization that provides legal representation to victims of campus sexual assault who is appointed by the governor.

17. A representative of an organization that advocates for civil liberties and due process who is appointed by the governor.

B. The task force shall elect a chairperson from among the members appointed pursuant to subsection A of this section.

C. The task force shall do all of the following:

1. Review annual reports submitted pursuant to section 15-1893.02.

2. Review each institution's policies that prohibit sexual misconduct and provide supportive measures and resources for victims of sexual misconduct.

3. Recommend to the Arizona board of regents and institutions actions to prevent sexual misconduct to be considered by institutions.

4. Develop and annually update a base survey to be used by institutions and provide the institutions with recommendations regarding the content, timing and distribution of the survey. The base survey must be able to be distributed online. In developing the base survey, the task force shall use best practices from peer-reviewed research and consult with individuals with expertise in developing sexual misconduct climate surveys.

D. The base survey developed pursuant to subsection C, paragraph 4 of this section must gather at least the following information:

1. The number and type of incidents, whether officially reported or unreported, of sexual misconduct at the institution.

2. When, in general terms, incidents of sexual misconduct occurred. The survey may not require the disclosure of a specific date or time of an incident.

3. Where, in general terms, incidents of sexual misconduct occurred, such as on campus, off campus or online. The survey may not require the disclosure of the specific location of an incident.

4. Who, in general terms, perpetrated the sexual misconduct, such as a student of the institution, a student of another institution, an employee, a third-party vendor or someone else.

5. Student awareness of the institution's policies and procedures related to sexual misconduct.

6. If an incident of sexual misconduct was reported to the institution, to whom it was reported.

7. If an incident of sexual misconduct was not reported to the institution, why the individual chose to not report the incident.

8. Whether an incident of sexual misconduct was reported to a teacher, friend, peer or family member.

9. If a student reported an incident of sexual misconduct, whether the student was informed of or referred to local, state, campus or other resources or victim support services, such as counseling or medical care.

10. Demographic information that could be used to identify groups that are at risk for becoming victims of sexual misconduct, including race, nationality, sex, sexual orientation, disability status or immigration status.

11. Whether a student decided to withdraw, transfer or take a leave of absence from the institution, or considered doing so, as a result of being a reporting party.

12. Whether a student decided to withdraw, transfer or take a leave of absence from the institution, or considered doing so, as a result of being a respondent.

13. Whether a student faced any long-term financial, physical or emotional impacts as a result of being a reporting party.

14. Community attitudes toward sexual misconduct, including the willingness of bystanders to intervene.

E. The task force shall distribute the base survey developed pursuant to subsection C, paragraph 4 of this section to the institutions for use by each institutions. Each institution:

1. Shall annually administer the base survey openly to all students.

2. Shall notify and invite all students to participate in the base survey.

3. Shall distribute the base survey online and provide reasonable accommodations to individuals with disabilities to take the survey.

4. May add additional questions to the base survey.

5. May adjust the base survey to meet the institution's needs and meet other requirements, including requirements prescribed in title IX.

6. May not force any student to participate in the survey. END_STATUTE

START_STATUTE15-1893.02. Annual report; posting

A. On or before November 1 of each year, each institution shall submit a report to the president of the senate, the speaker of the house of representatives and the chairperson of the prevention of sexual misconduct on campus task force established by section 15-1893.01, and shall submit a copy of the report to the secretary of state, that includes all of the following information for that institution for the preceding school year:

1. The total number of allegations of sexual misconduct reported to the institution's title IX coordinator by a student or employee of the institution against another student or employee of the institution.

2. The number of students and employees found to be responsible for violating the institution's policies that prohibit sexual misconduct and the number of students and employees who faced disciplinary action.

3. The number of students and employees found to be not responsible for reported sexual misconduct.

4. The number of disciplinary actions imposed by the institution as a result of a finding of responsibility for reported sexual misconduct. The report shall provide information in an anonymous manner that complies with state and federal privacy laws.

5. The number of law enforcement investigations initiated in response to reports of sexual misconduct brought forward by students and employees of the institution against another student or employee of the institution, if known.

6. The number of students who reported sexual misconduct and who took a leave of absence, transferred, withdrew or were expelled from the institution.

7. Steps the institution has taken to mitigate risks of sexual misconduct, provide resources to affected students and communicate with students.

8. Information related to how case handlers are trained to answer questions.

B. Each institution shall post the report required by subsection A of this section on the institution's website so that it is publicly available and easily accessible to students and employees. END_STATUTE